SGN H.B. 438 75(R)BILL ANALYSIS CORRECTIONS H.B. 438 By: Alvarado 3-5-97 Committee Report (Unamended) BACKGROUND In the December 1996 report entitled "Disturbing the Peace" , the Texas Performance Review recommended that the Texas Department of Criminal Justice implement random drug tests of inmates in order to enhance security and reduce potential fraud. TPR determined that the size, rapid growth, and geographic distribution of the TDCJ's operations have created an environment in which significant fraud and abuse can occur without timely detection. All too often, drugs may be smuggled into Texas jails and prisons, creating an obvious breach of security. Objective data on the availability of drugs in prison could, therefore, serve as a useful measure to evaluate the security of each prison unit, and identify promising areas for investigations of fraud and abuse. Random inmate drug tests are widely used because they have proven to be an effective security tool for managing incarceration facilities. Wardens find the data useful in detecting security breaches. Random drug tests also serve as a deterrent since inmates, visitors, and employees know that tests are regularly conducted. In addition, the results of drug tests can be compared across prisons to identify those units with the most serious problems. Federal funds may be available to partially fund the implementation of this legislation. In September 1996, the U.S. Justice Department announced a new program--Residential Substance Abuse Treatment for State Prisoners--that will provide $27 million in grants to states for inmate drug-testing and treatment. PURPOSE As proposed, H.B. No. 438 would establish mandatory, random drug testing of inmates in facilities operated by or under contract with the TDCJ. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority in SECTION 1, Sec. 500.007, Government Code, to the Board of Criminal Justice to implement a random drug testing program for inmates. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 500, Government Code, by adding Section 500.007 as follows: Sec. 500.007. TESTING FOR CONTROLLED SUBSTANCES. (a) Requires the board, after consultation with the Criminal Justice Policy Council, by rule to implement a program to randomly test, for the purpose of determining the presence of controlled substances, the breath, blood, or other bodily substances of inmates housed in facilities operated by or under contract with the department. (b) Requires the department to annually test not less than five percent of the inmates housed in facilities operated by or under contract with the department. (c) Requires the department to use the most cost-effective means possible to perform the tests, and to actively seek grants from the federal government or other sources to expand the program created under this section. SECTION 2. Requires the Texas Board of Criminal Justice to implement the mandatory drug testing program not later than January 1, 1998, and to begin the testing of inmates for the presence of controlled substances not later than that date. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.